Yuen Boo Ming v. United States
Opinion
Lead Opinion
Denman, J.
This is an appeal from an order for deportation of one found to be the son of an United States citizen of Chinese descent, and certified as a citizen on August 22, 1922, by a board of three members of the Immigration Bureau in a Chinese exclusion proceeding. The complaint on which the appellant was arrested was filed on August 12, 1937, — that is 15 years after the Board’s determination of his citizenship.
The case is an important one, showing the continuance of the violation of the “fundamental principles of justice embraced within the conception of due process of law,” as expressed by Mr. Justice Hughes in Tang Tun v. Edsell, 223 U.S. 673, 682 , 32 S.Ct. 359, 363 , 56 L.Ed. 606 , and as held in an opinion of Mr. Justice Clarke: “The acts of Congress give great power to the Secretary of Labor over Chinese immigrants and persons of Chinese descent. It is a power tó be administered, not arbitrarily and secretly, but fairly and openly, under the restraints of the tradition and principles of free government applicable where the fundamental rights of men are involved, regardless of their origin or race. It is the province of the courts, in proceedings for review, within the limits…